Intellectual disabilities can occur because of birth injuries in a number of ways. If you believe your child’s intellectual disability stems from a birth injury, you may be eligible to hold the doctor or hospital liable in a medical malpractice lawsuit. A birth injury attorney who regularly handles intellectual disabilities can help you pursue damages.
Call the Birth Injury Lawyers Group today at 1-800-222-9529. You can connect with a birth injury lawyer in your state who will review the facts of your case for free.
Intellectual Disabilities in Babies and Children Lawsuits & Injury Cases
To hold the doctor or hospital liable for the lifelong disabilities your child lives with because of medical negligence, you need to show how the doctor’s actions led to your child’s injuries. This requires collecting evidence that includes medical records and evaluations of your child’s abilities. In addition, your birth injury attorney can help you enlist the help of a medical expert who will testify to:
- The acceptable standard of care based on the facts of your case
- Whether your doctor upheld this standard of care
- How your doctor’s actions or inaction could have caused your child’s injuries
- Your child’s prognosis
- Ongoing and future care your child may need, including therapy and educational intervention
Many states require you to have a medical expert witness sign an affidavit saying you have a valid medical malpractice case before you can take legal action against the doctor or hospital. There are also deadlines you must meet based on your state’s laws.
If you can prove the doctor or hospital is liable for medical malpractice, you may be able to recover damages for many expenses and losses. This could include:
- Medical care costs
- Therapy costs
- Additional educational expenses
- Out-of-pocket expenses
- Pain and suffering damages
- Emotional distress
Intellectual Disabilities in Babies and Children Overview
Children living with intellectual disabilities are affected in a wide range of ways. This type of disability can be mild or severe or anywhere in between. Some can go on to live independently while others need lifelong support with everyday skills—hygiene, routines, communication, and safety.
Intellectual disabilities can cause children to need additional support in school, including early intervention and an individualized education program (IEP). Some children with intellectual disabilities caused by birth injuries also have other impairments that require special attention and care. This could include:
- Cerebral palsy
- Epilepsy
- Vision loss
- Hearing loss
- Speech and language concerns
Intellectual Disabilities in Babies and Children Causes
While many types of birth injuries and congenital conditions can cause intellectual disabilities, some of the most common include:
- Insufficient oxygen during labor and delivery
- Skull fracture and brain injury during birth
- Extreme prematurity
- Spina bifida
- Neonatal stroke
When it comes to medical malpractice, an intellectual disability may occur because of a head injury, a failure to monitor the mother and baby adequately, or failure to perform an emergency cesarean section (C-section).
Intellectual Disabilities in Babies and Children Symptoms
There are a number of signs of intellectual disability, but many of them do not appear until your child is older. When your child is an infant and toddler, you may notice:
- Sitting up, crawling or walking later than their peers
- Talking later than their peers
As they reach preschool age and begin school, you may notice they fall behind their peers in other ways. This may include:
- Having trouble speaking
- Struggling with social rules
- Problems understanding the consequences of their actions
- Difficulties with solving age-appropriate problems
- Learning delays when compared to their peers
Intellectual Disabilities in Babies and Children Diagnosis and Treatment
While doctors may use IQ tests in older children, they often look at developmental milestones and adaptive behavior in younger children. They can compare these abilities to other children of the same age to determine if your child may have an intellectual disability. Examples include:
- Personal care skills such as toileting, getting dressed, and using utensils to eat
- Age-appropriate communication and social skills
- Following routines and directions
If the doctors believe your child has an intellectual disability, they can prescribe occupational and speech therapy, early intervention, and other options to help your child have the most favorable outcome possible. Many children with intellectual disabilities go to college, have careers, live independently, and have fulfilling lives.
Infant Delay In Development Lawyer
Your son or daughter can exhibit delays in development in many ways. A delay in development means your child fails to reach their developmental milestones at the expected times. They might struggle to keep up with physical growth, gross or fine motor skills, or social and behavioral expectations.
If you notice disturbing signs of delays in development in your infant, you should seek immediate medical help. Your infant’s delay in development can be caused by genetic disorders like Down Syndrome or can result from complications during pregnancy and birth. If you have concerns about your infant’s developmental delays, discuss your case with a birth injury lawyer for infant delays in development by calling the Birth Injury Lawyers Group at 1-844-908-0346.
FILE A BIRTH INJURY LAWSUIT FOR YOUR CHILD’S DELAY IN DEVELOPMENT
Watching as your child struggles yet continues to fall behind his or her peers in meeting developmental milestones can be emotionally exhausting. Ensuring they receive the medical and therapeutic care they need can be expensive. If you have unanswered questions, and your child is facing a lifetime of medical bills, you are entitled to recover previous, current, and ongoing medical costs.
Your attorney can help you establish liability and prove negligence on the part of the doctor or other health care professional who treated you during your pregnancy and delivery. If you believe physician error or negligence played a role in your infant’s delays in development, speak with an attorney right away who is familiar with birth injury cases.
Complete the short contact form to get connected to a birth injury lawyer for infant delays in development who can help you build a comprehensive case. Contact the Birth Injury Lawyers Group by phone at 1-844-908-0346 to reach an attorney who will help you negotiate a financial settlement or file a successful lawsuit.
How To Tell When Developmental Delays Are Problems Lawyer
According to the Centers for Disease Control and Prevention, developmental delays and disabilities are physical, learning, and behavioral impairments. In some cases, these impairments are caused by a maternal condition or an injury at birth. Some are due to undiagnosed, misdiagnosed, or untreated infections and other prenatal or genetic disorders. Developmental delays have a serious impact on a child’s daily functions and are typically a lifelong affliction.
The Centers for Disease Control cites the following criteria for developmental delays:
- Causes include genetic and chromosomal conditions, such as Down Syndrome and some maternal infections.
- Low birth weight, premature birth, and infections during pregnancy are also associated with increased risks of developmental disabilities.
- Untreated newborn jaundice can cause kernicterus, a type of brain damage that leads to developmental delays.
A birth injury lawyer in your state may be able to help you determine how to tell when developmental delays are problems for your child. If your child is not meeting typical developmental milestones, contact the Birth Injury Lawyers Group at (800) 263-6622, or complete this form, for a free consultation.
FILING A LAWSUIT FOR DEVELOPMENTAL DELAYS IN YOUR CHILD
Are you considering filing a lawsuit for the immediate and long-term effects of the developmental delays your child is experiencing? An attorney on your side can help you file a complete and timely lawsuit. Your attorney plays two important roles in your lawsuit.
First, your attorney helps you identify the cause of your child’s developmental delays. He can help you gather the documents and expert medical opinions you need to prove your physician failed to meet the standard of care in your case. Your attorney can also help you prove negligence and assign liability to the right person or entity.
The second thing your attorney does is ensure you meet the time restrictions your state establishes for filing lawsuits of this nature. Each state has its own fixed timelines that govern your case. Those timelines include the statute of limitations, statute of repose, and a legal principle known as tolling for minors. Because a minor is involved in your lawsuit, tolling for minors can work in your favor. Your attorney will help you understand how the timelines benefit your case.
Filing Medical Malpractice Lawsuit for a Birth Injury
Medical malpractice lawsuits are becoming more common as patients and their attorneys hold their physicians responsible for acts of negligence. The injured patient and their legal team have the responsibility of proving their physician acted negligently and that their negligence resulted in an injury.
Your attorney can help you meet the four legal guidelines that constitute a successful case:
- Proof that the physician owed a professional duty to you
- Proof that the physician breached their professional duty
- Proof that an injury to you or your child was caused by the breach
- Proof that the breach of duty resulted in damages
Financial damages in birth injury cases are awarded based on economic and noneconomic losses. Your attorney can help you understand how financial damages apply to your case.
Infant Developmental Abnormalities Lawyer
Infant developmental abnormalities can be hereditary, the result of oxygen deprivation at birth or the result of an error by a medical professional or the hospital. Symptoms and behaviors related to an infant’s developmental abnormality could be present immediately or possibly take months to affect your child.
OVERVIEW OF INFANT DEVELOPMENTAL ABNORMALITIES
A developmental abnormality is any functional or structural change in the human body that would not be considered healthy or normal growth. Common types of infant developmental abnormalities:
- Brain: Any brain damage can affect cognitive and physical ability
- Circulatory System: Persistent Pulmonary Hypertension (PPHN) is a circulatory system disorder
- Nervous System: Erb’s Palsy or cerebral palsy cause serious functional issues
If you suspect your infant has a developmental abnormality resulting from medical error, you have the right to pursue damages. Call the Birth Injury Lawyers at (800) 263-6622 or complete the form for a call back right away.
THE STATUTE OF LIMITATIONS FOR INFANT DEVELOPMENTAL ABNORMALITIES
When your child has an infant developmental abnormality that was caused by the negligent behavior of a doctor or hospital staff, you have the right to pursue damages. Each state imposes a statute of limitations on lawsuits, limiting the amount of time you have to pursue compensation after an accident. The clock starts ticking at the time of the accident.
Every state has different limitations set for the statute of limitations. Many states also have their own roles allowing you to toll–or pause–the statute of limitations to pursue damages even after the time limit has technically run out.
DAMAGES YOU MAY RECOVER FOR AN INFANT DEVELOPMENTAL ABNORMALITIES LAWSUIT
While the details of each case vary, some of the types of damages that families have recovered as a result of birth injury lawsuits include:
- Medical expenses, including hospital stays, ambulance rides, medical testing, doctors’ examinations, medication, and physical therapy
- Ongoing care and support
- Emotional distress
- Pain and suffering
A birth injury lawyer will take the burden of filing a lawsuit off your shoulders. He can gather evidence to support your claim, including locating medical experts who can testify regarding the cause of your child’s developmental abnormality. He can negotiate with insurance companies on your behalf to try and reach a settlement. If an agreeable settlement cannot be reached, the lawyer will attend the trial and fight for your right to pursue compensation for the damages your family has incurred.
Your Lawyer Can Help You Build Your Case
Many different factors can impact your birth injury lawsuit. Three of the important legal guidelines your case must adhere to include:
- The statute of limitations
- The statute of repose
- Tolling for minors
These rules and guidelines can be difficult to interpret and navigate on your own, so it is in your best interest to speak with a lawyer who is familiar with the laws in your state. Your attorney can help you build a solid case when you call the Birth Injury Lawyers Group at 1-844-908-0346. You can also complete a simple form to reach an attorney who will fight for the financial compensation you deserve.
Intellectual Disabilities in Babies and Children Frequently Asked Questions
How do I know if my baby or child has intellectual disabilities?
If you notice that your infant, toddler, or preschooler fails to meet milestones and is not able to keep up with the educational and social growth of their peers, you should talk to a trusted doctor about your concerns. Early intervention can make a difference for children with an intellectual disability, so your doctor should request a further evaluation if they agree with your assessment.
Can intellectual disabilities in babies and children be fatal?
Intellectual disabilities are not fatal, but they can cause life-long difficulties for children living with them. Those with severe disabilities may require ongoing care, including assistance for activities of daily living and supervision. Others may live independently, work, marry, and have children.
Who is liable for intellectual disabilities in babies and children?
If your child has an intellectual disability as a result of a birth injury, you may be able to hold the doctor who delivered them or the hospital where they were born liable for their injuries.
What is the statute of limitations for intellectual disabilities in babies and children?
You have a limited time to take legal action against a negligent doctor or hospital who caused your child to suffer an intellectual disability. However, how long you have depends on where your child was born. The statute of limitations, tolling for minors, and the statute of repose in your state will dictate when the deadline is for your case. Your birth injury attorney can explain when you need to act to ensure you do not miss this deadline.
Intellectual Disabilities in Babies and Children Glossary Terms
- What is Developmental Aphasia? Development aphasia is a language impairment that affects speaking, understanding, reading, and writing.
- What is Dyspraxia? Dyspraxia is a condition that affects a child’s physical coordination, making them clumsy and causing them to struggle with daily activities when compared to other children their age.
- What is Auditory Processing Disorder (APD)? Auditory Processing Disorder causes children with this condition to struggle to identify subtle differences between sounds, making talking and understanding speech difficult.
Talk to a Birth Injury Attorney About Intellectual Disabilities in Babies and Children
If your child lives with an intellectual disability following a birth injury, you may be eligible to pursue damages and hold the doctor or hospital liable. Call the Birth Injury Lawyers Group today by dialing 1-800-222-9529. You can connect with a birth injury attorney who handles cases in your state.